People ex rel. White v. Steuben C. P.
New York Supreme Court
S. W. Burnham, in his proper person, sued out a certiorari removing a cause in which judgment was rendered against him, from a justice’s court to the Steuben C. P., of which court he wa^s not an attorney.
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S. W. Burnham, in his proper person, sued out a certiorari removing a cause in which judgment was rendered against him, from a justice’s court to the Steuben C. P., of which court he wa^s not an attorney. After a return to the writ, he employed an attorney of that court to argue the cause for him, who, after a reversal of the judgment, made up the record of judgment and bill of costs, and attended the taxation of the coste, but in no instante appealed as the attorney of Burn-ham. The costs were taxed at $19,02. The attorney for the defendant in error objected to the allowance of all the items…
1Opinion of the Court
By the Court,
Sutherland, J.
The plaintiff in error was entitled to no costs except disbursements, having prosecuted in person. 10 Wendell, 598. Although some of the services were actually rendered by attorney, that does not entitle the plaintiff to have them taxed. An attorney must appear either formally or in point of fact in a cause, or he will not be recognized as such attorney for the purpose of obtaining costs; he must subject himself to the responsibilities of that character, or he cannot claim its advantages. In the case in 10 Wendell, above referred to, there was in fact an appearance…
2Cases cited1 opinion
- People v. Onondaga C. P.New York Supreme Court · 1833
3Cited by3 opinions
- Kopper v. WillisNew York Court of Common Pleas · 1881
- Flaacke v. Mayor of Jersey CityNew Jersey Court of Chancery · 1880
- Territt v. WoodruffSupreme Court of Vermont · 1847